Moneyclaim Online (MCOL) question

grimreaper

i sent mcol last night and i checked email and account this morning and received this...

Issued


Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply.

how do i know when the claim is served to them do they notify me when they have it or the date it was issued? please help then i can work the 14 days out

thanks mse crew please advise

sugarpuffgirl

grimreaper wrote: »

Particulars of claim (You are allowed 1080 characters on up to 24 lines.)

Edit the parts in bold to fit your claim.

The Claimant has an account XXXXXXXX (put your account number) with the Defendant, opened (DATE XX/XX/XXXX). Since (DATE XX/XX/XXXX) the Defendant debited charges and interest in respect of purported breaches of contract.Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: return of the amounts debited of £XXXX; Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the Court.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ (amount of interest only) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest} To work out the daily interest. Multiply the amount of your claim (charges only, not including interest) by .00022

Does or will your claim include any issues under the Human Rights Act 1998? I guess the answer is no. This is correct

Do you want to reserve the right to claim interest? Yes?.......Correct

Amount claimed Put in the total of your charges including interest added.:T

Hi ya
I'm a tad I copyed,pasted & edited the post above but it is still say there are to many words! I've tryed editin it more taken out spaces etc but i'm still stuck on 1173 Characters! I'v prob dun sumit realy stupid, can any1 help me out ? please
also. . . could i not put just my charges down on the total amount claimed part as other wise I'm going to have to pay £250 court charges!!! _pale_

grimreaper

sugarpuffgirl wrote: »

Hi ya
I'm a tad I copyed,pasted & edited the post above but it is still say there are to many words! I've tryed editin it more taken out spaces etc but i'm still stuck on 1173 Characters! I'v prob dun sumit realy stupid, can any1 help me out ? please
also. . . could i not put just my charges down on the total amount claimed part as other wise I'm going to have to pay £250 court charges!!! _pale_

sorry about that remember to put account number sort code at top as with the previous one


[BLUE BRACKETS]: REPLACE WITH THE RELEVANT INFO
[RED BRACKETS]: JUST FOR INFO – SO DELETE

There is a strict limit on the number of characters allowed in a claim form. This should cut & paste in without a problem, yet if it’s slightly over, you may need to type the text in.

DELETE ALL TEXT ABOVE THIS LINE
______________________________________


1. Between [insert date of first charge eg 15/3/04] and [insert date of last charge eg 9/2/06] the Defendant debited numerous charges from the Claimant’s [This means you because you are the person claiming the money] account.
2. The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.
3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty.
4. Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals [insert amount of interest as calculated with the bank charges calculator], accruing at the daily rate of 0.021% until judgment or payment.
5. The Claimant asks the court to enter judgment in their favour for [insert total charges] plus interest, totaling [insert total charges plus interest].

frugalpam

grimreaper wrote: »

i sent mcol last night and i checked email and account this morning and received this...

Issued


Your claim request has been accepted. The Defendant has 14 days from the date they are served with the claim, to reply.

how do i know when the claim is served to them do they notify me when they have it or the date it was issued? please help then i can work the 14 days out

thanks mse crew please advise

Hiya - am at the exact same stage as you. I'm guessing there'll be a note on the MCOL site in a few days time to say when the bank have been served with the claim? Or we could ring MCOL to check?

HTH,

Pam

sugarpuffgirl

thanks loads
I was just wondering if on the bottem where it says total amount claimed (where they work out ya court fees) do you think i could get away with puting down the amount with out the interest?
as my total with out is £4925.00 & would cost me "only" £120 in fees, with interest (total 5626.70) would cost me £250 in fees!! _pale_

dami150

I may be filing against the Halifax soon and although my claim is for £5345 I was prepared to lower it to £5000 to reduce the costs but as the last poster says the added interest takes the claim to the higher limit.

I thought the cost of the claim was based on the amount minus interest.

Also on the subject of interest amounts, what are the general feelings on the interest calculation. Are you supposed to use something like the interest calculator to analyse each individual charge or can you just add on a blanket 8% of your total charges.

I've tried both ways with a small Mint claim that I'm preparing and the difference appears to be pennies.

Any other thoughts?

sugarpuffgirl

dami150 wrote: »

I thought the cost of the claim was based on the amount minus interest.

Hi ya
Thats what i thought as well, I thought the court added the interest after if you won I'm sure i read that some where

Can any one help us out here??



thank's
Tracey x

frugalpam

I just posted this on the Natwest thread, but thought it might be helpful to put it here also.

Just found an extremely helpful article over at www.consumeractiongroup.co.uk, that really goes through the whole process. You can read it here
It covers filling out the form online and the claim timetable :-

Claim Timetable:
Your claim will generally be deemed served 5 days after filing . The deemed date of service will be on the Notice of Issue sent to you by the court.

The bank will have 14 days from the deemed date of service to acknowledge. If they do, a Notice of Acknowledgement will be sent to you

The bank will then have an additional 14 days in which to file a defence, ie a total of 28 days from the deemed date of service.

Once the bank has filed a defence, your claim will be transferred to your local court who will send you a copy of their defence and an Allocation Questionnaire which you fill in and return within 14 days.

All timescales are calendar days, should the due date fall on a weekend/ bank holiday, they have until the next working day.



HTH

Pam

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Ghostface_2

Evening all,
Just putting my Moneyclaim together against RBOS for 1200 quid. I have 2 quick questions and I hope someone can help!
It's a joint account which my girlfriend originally opened in Clydebank in Scotland. So I am having to use a British address for it which I don't think should be too much of a problem as we also have seperate accounts with them in Bromley and Victoria. Can I use one of these addresses for the bank's address?
Secondly, to get my statements I wrote to the bank using our joint names. Since then the correspondence has been from myself, ie the first and second letters demanding the money back. RBS now have me down as the claimant. However, Moneyclaim asks me how long I have had the account open for - which is only 3 years for me but 8 for her. Should I therefore claim in her name? Or do you think just put 8 years in my name and hope it all goes through without a hitch?
Confused? Not as half as I am! Any advice muchos apprecios!

MimiJane

Ghostface wrote: »

However, Moneyclaim asks me how long I have had the account open for - which is only 3 years for me but 8 for her. Should I therefore claim in her name? Or do you think just put 8 years in my name and hope it all goes through without a hitch?
Confused? Not as half as I am! Any advice muchos apprecios!

I did not state how long the account had been open for ... I'm claiming for a relative and she can't find the details. I just changed that bit and inserted the period I'm/she's claiming for (others have done this also). I don't think that bit's essential, it's certainly nothing the bank can't find out for themselves easily. Hope this helps a little.